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Ladies and gentlemen of the Jury. I am here to represent Justin Garcia, to prove the negligence of Jessica Nordeen. The law of negligence says that negligence occurs if an individual does something harmful that a person of ordinary intelligence would not do. In the next few moments,I will prove to the Jury that there was a breach of duty in the case of Garcia v. Nordeen.
Jessica is in fact guilty of negligence due to her actions which led Seth Garcia to suffer from Fetal Alcohol Syndrome due to the following reasons: In April of Jessica Nordeens senior year, she suspected that she might be pregnant. Gregory Buchner, Jessica’s doctor confirmed that she was indeed three months pregnant.
According to Jessica Nordeen’s Deposition, she mentioned that she looked over the pamphlet about drinking during pregnancy that Gregory Buchner gave to her, and she quoted “ Well, the Doctor gave me a pamphlet, and I kind of looked over it. I wasn’t too happy about being pregnant, so I wasn't very interested reading about it. I guess if you really want to have a baby, you want to know all about what's going on in there…I just knew that if I drank a lot, it might
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But since Jessica only contributes one hundred seventy five dollars per month, Justin Garcia is having a hard time looking for money for Seth’s expenses. We know that Jessica received inheritance from the sale of her deceased grandfather’s house. Justin is asking for half of the money to start a trust fund for Seth’s future expenses. Is it right for a mother to put her life back together with the inheritance she got, than helping her husband pay for the child’s needs for him to live a normal life and have a good future? Is it right to put herself first rather than her own kid, in which it was her fault in the first place due to her underage drinking during
In the case of Alex (plaintiff) vs. Abigail (defendant), we the jury find Abigail guilty of fraud through unanimous vote. Alex presented enough evidence to support the claims of breach of contract and fraud committed by the defendant.
A well-nourished, well-developed Hispanic female named Anna Garcia standing at 65 inches, 165 pounds and in her late thirties was found dead in her house after her concerned neighbor Doug Greene was suspicions as to why she didn't take her dog out like she did normally, and why the dog was barking constantly for two hours. The police received a call from Greene on August 31st at 9:45 am and arrived at the crime scene at 9:56am.The police found Anna lying face down in the hallway. Authorities observed a pool of blood around her head and some vomit beside her. It was 73 degrees inside Anna’s house, while it was 92 degrees outside. Anna was last seen alive by her former husband, Alex Garcia the night before her death. Investigators measured her rectal temperature, and came to a conclusion that she died at 7:00 am in that same morning. A medical examiner was also called to perform an autopsy to see what really caused Anna's death.
“In tort law, the doctrine which holds a defendant guilty of negligence without an actual showing that he or she was negligent. Its use is limited in theory to cases in which the cause of the plaintiff's injury was entirely under the control of the defendant, and the injury presumably could have been caused only by negligence”(Burt, M.A., & Skarin, G.D. (2011). In consideration of this, the defendant argues that the second foundation of this principle should be solely based on common knowledge of the situation. Although, there is a experts testimony tartar is no basis in this case , in the experts testimony or anything else, for indicating that the plaintiffs injury resulted from the negligence of the defendant. The court correctly found the defendant not liable under the Res ipsa
Milwaukee teacher Katherine Gonzalez had a twisted way of helping her 11-year-old "chronically depressed" student cheer up.
The defendant of the Casey Anthony Trial, is Casey Anthony. At the age of 19 she had given birth to her daughter Caylee Marie Anthony, the victim in this case. The one who first noticed the 2 year old daughter missing were her grandparents, Cindy and George Anthony. Casey was found a month after she left her parents house, with her boyfriend Tony Lazzaro. It was then that Casey had told the police about how her daughter was missing for about a month because the babysitter, Zenaida “Zanny the Nanny” Fernandez-Gonzalez had kidnapped her. These were the main people who started off the investigation on Casey Anthony.
In July of 2008, one of the biggest crime cases devastated the United States nation-wide. The death of Caylee Anthony, a two year old baby, became the most popular topic in a brief amount of time. Caylee’s mother, Casey Anthony, became the main suspect after the child supposedly was kidnapped and went missing. To this day, the Casey Anthony case shocks me because justice, in my opinion, wasn’t served. I feel as if the criminal conviction system became somewhat corrupted in this case. The entire nation, including the court system, knew that Casey Anthony was behind this criminal act, but yet she escaped all charges. I chose this case not only because it’s debatable, but also to help state the obvious, this case was handled the wrong way. Clearly the legal system was biased, which worked in Casey Anthony’s favor, freeing a murderer.
The responsibilities, the cries, the noise, disappointments and embarrassment were just the beginning the beginning of Casey Anthony madness to her crime. This particular day was June 9, 2008 the family and Casey world will be turned upside down. Casey was paranoid, nervous and panicked, so she packed up Caylee and headed to the dark, wet and scary woods where she thought her actions would be able to give her a normal lifestyle, a lifestyle she wanted before she found out she was pregnant with Caylee. Casey took Caylee her 2 year old daughter at the time to the woods and ducted tape her mouth also her nose and covered her with the cold dirt, covered her and left her for dead. A 2 year old confused, scared and afraid that her horrible mother who she thought loved her would leave her
Patty Hearst was a normal 19 year old girl, living in an apartment with her fiance and attending university in Berkeley, California, until one day her life, and the lives of everyone around her changed forever. On the evening of February 4, 1974, some members of the left-wing radical group called the Symbionese Liberation Army barged into Hearst’s home armed with guns, and beat up her fiance before kidnapping Hearst and bringing her to their house where she was kept blindfolded in a closet for 59 days. While locked in the closet, Patty Hearst was verbally and sexually abused and she was denied the use of even a toilet or toothbrush if she didn’t tell them that she agreed with the group’s ideas and beliefs. It is believed that while being locked in the closet like this, Patty was being brainwashed by the SLA and that she may have even developed Stockholm Syndrome, a condition in which a person who was kidnapped starts to empathise with their captor, and even starts defending them. This is how the Symbionese Liberation Army convinced Patty Hearst to join their group. They released an audio tape to the public in which Patty Hearst said she was changing her name to Tania and that she had decided to join the SLA. She then helped the SLA rob a bank and steal an ammunition belt from a sports store. After this, she started travelling around the country with two members of the SLA named John and Emily Harris, to try avoid being captured by the police. During this time, the police found a house where some members of the SLA were hiding out. Attempts to make the SLA members surrender ended up in a massive gunfight, ultimately ending up in the deaths of 6 SLA members. The FBI eventually found and arrested Patty Hearst on September 18, 1975. T...
Davis, PM, TL Carr, and CB La. "Needs assessment and current practice of alcohol risk assessment of pregnant women and women of childbearing age by primary health care professionals.."Canadian Journal of Clinical Pharmacology 15.2 (2008): 214-222.Pubmed.gov. Web. 25 Nov. 2013.
The Centers for Disease Control and Prevention suggestion that a pregnant woman should not drink alcohol during pregnancy (Advisory on alcohol use in pregnancy 2005) has been widely criticized as being unnecessarily paternalistic, but the CDC goes further into explaining that, “Alcohol consumed during pregnancy increases the risk of alcohol related birth defects, including growth deficiencies, facial abnormalities, central nervous system impairment, behavioral disorders, and impaired intellectual development” (Advisory on alcohol use in pregnancy
Assessing patient’s knowledge of the negative effects of alcohol consumption during pregnancy is most important step of a nursing process. It will lay a foundation for developing a nursing diagnosis and setting up goals with the only one outcome in mind-a healthy baby. We know now that even small amount of alcohol can cause birth defects, and for that reason patients need to be educated and aware of the negative effects alcohol will have on their baby if they chose to drink during pregnancy.
Alcohol (wine, beer, or liquor) is the leading known preventable cause of developmental and physical birth defects in the United States. When a woman drinks alcohol during pregnancy, she risks giving birth to a child who will pay the price, in mental and physical deficiencies, for his or her entire life. One study (Phyllis Trujillo Lewis, MA, Philip A. May, PhD, and Virginia C. Shipman, PhD, 2007) asserted that “Numerous studies on alcohol-related birth defects have concluded that maternal drinking, compounded by other risk factors, leads to fetal alcohol syndrome (FAS). FAS is a serious birth defect and the most common non-genetic cause of mental retardation” as said by (Hankin, 2002; Abel & Sokol,1986; O’Connor, Kogan, & Findlay, 2002; May & Gossage, in press). It is unknown how much maternal alcohol consumption results in FAS or other related disorders, or why some women who drink are at substantially higher risk of giving birth to a child with alcohol-related disabilities than others (Stratton, Howe, & Battaglia, 1996). However, researchers have identified several maternal risk factors differentially associated with FAS. These include advanced maternal age, number of pregnancies, previous births of a child with FAS, cohabitation with a male partner who drinks heavily, and low socioeconomic status (SES; May et al. 2004; 2008a; Viljoen et al., 2002). FAS is 100% preventable, which makes awareness and education the core preventative method for FAS. It is seen through Lewis, May & Shipman’s research that women who are less educated are less aware of the risks involved with drinking while pregnant.
“I brought you into this world, and I can take you out!” A child has most likely heard that phrase at some point in their life. Although, it is not ethical or legal for a mother to “take her kid out of this world”, it does bring up a good point that it was through her body, that the child was born. One of the most important responsibilities in this world is a mother carrying a child in the womb. There are many divine processes that take place during gestation, but there are also many contributing factors from the mother that can affect the developing human. These factors may include what a woman ingests and exposes her embryo or fetus to. Sadly, alcohol use during pregnancy is an ongoing problem that can have detrimental affects on the fetus, including Fetal Alcohol Syndrome (FAS). Choosing to drink alcoholic beverages during pregnancy is a choice, a risky choice. Unfortunately some women don’t even know they are making a risky choice by consuming alcohol because it is in the early stages of pregnancy. It is common for a female to not find out they are pregnant until at least the fifth or sixth week after fertilization. In 2006, 49% of all pregnancies in the United States were reported unintended on a national survey.1 The highest rate of preventable birth defects and mental retardation is due to alcohol use.2 In this paper, I will further discuss FAS, the potential effects of binge drinking during the embryonic stage of gestation, and what actions need to be taken in order to reduce the incidences of alcohol related birth defects.
The theme of the first semester of my senior year at Bryn Mawr College, although I have lacked any gender coursework in my first three years of semesters, unexpectedly heavily involves the collision of the science, literature, and politics of gender. As my most last minute, haphazard schedule of any semester ever, on the next to last day of the shopping week period, I found myself adding two gender studies classes to my schedule. One entitled Advanced Topics in Developmental Psychology for my Psychology minor, and the other entitled, Interdisciplinary Perspectives of Sex and Gender. Both classes, although very different in their methodology - (one placing a profound importance on precision, cautious and careful experiment design, and the other on "stories" both individual and collective, and their relation to society) - hoped to find the "real" gender problems, look at them with the attention they deserve, and encourage some kind of dialogue for change.
This topic is close to my heart. I first became interested in this topic when I was one of the students selected out of my graduate class to participate in a research study on Fetal Alcohol Syndrome. The research was conducted with NIH and the District of Columbia Public School. The research looked at the prevalence of Fetal Alcohol Syndrome DC public schools. I learned a tremendous amount of information on alcohol use during pregnancy. I continue to have a passion to research this topic. Most recently I worked with the Baltimore City Department of Social Service to